Interns And Seasonal Help: Making The Grade With Your FLSA Obligations

Webinar: ID# 1001691
About This Course:
Misclassifying employees as unpaid interns or mismanaging the compensation to which paid interns may be entitled under the Fair Labor Standards Act (FLSA) can result in massive financial liability. For instance, last November, magazine publisher Condé Nast agreed to pay $5.8 million to settle a suit from former interns. And in March, media giant Viacom agreed to pay $7.2 million to its former interns.

When the temperature rises, so does the influx of resumes in your inbox from college students seeking internships, as well as from others looking for seasonal employment.

Internships can be mutually beneficial for both students and employers. Students get the chance to gain experience in an industry they’ve selected for a future career, and employers get to assess each intern’s skills, experience, and potential as a future employee.

This sounds like a perfect arrangement—and it can be if it's handled correctly. But if you aren't up to date on crucial wage & hour laws and regulations, you could find yourself in legal hot water.

Join two employment attorneys for a briefing on specific FLSA requirements for classifying an internship as unpaid.

Learning Objectives:
  • How to know if someone is an intern versus an employee
  • Factors to consider before you classify an internship as unpaid, so you don't violate the FLSA
  • The ins and outs of offering academic credit or other benefits instead of or in addition to pay
  • Terms and conditions to include in any written agreements concerning internships
  • How workers' compensation and other insurance coverage may be affected when you hire interns
  • Whether interns could be eligible for unemployment benefits at the termination of their assignments
  • What to discuss with colleges, universities, and other schools when setting up your internship program
  • How to tell if what you're offering is an internship or an apprenticeship/co-op learning opportunity—and what that distinction means
  • The benefits and drawbacks of structuring internships so they turn into full-time employment after the end of the internship period
  • How to determine if it is legal to have a non-student intern working for your organization
  • Legal pitfalls in compensation and benefits for interns and seasonal/temporary employees
  • And much more!

About Your Presenters:

Henry Warnock, counsel with FordHarrison, devotes his practice to employment litigation and traditional labor law. Warnock defends employers in discrimination and retaliation cases involving the Fair Labor Standards Act, Family and Medical Leave Act, Americans with Disabilities Act, and Title VII. Warnock also guides clients through all facets of traditional labor law, including collective bargaining negotiations, unfair labor practice cases before the National Labor Relations Board, union organizing campaigns, and picketing.

Warnock has represented employers in administrative actions with the Equal Employment Opportunity Commission, Department of Labor, and various state agencies. He also drafts and reviews employment agreements, employee handbooks, and employment policies.

Patrick Ryan, a senior associate with FordHarrison, has extensive experience in handling litigation brought under the Fair Labor Standards Act (FLSA) and state wage and hour laws and regulations. He has litigated a wide-array of employment matters, from single plaintiff actions to nationwide class and collective action cases with more than 1,800 opt-in plaintiffs. Additionally, he has conducted numerous wage and hour audits, including exemption, pay practice and time keeping reviews, for clients in various industries.

Ryan routinely handles other issues confronting employers, such as advising clients on background check policies under the Fair Credit Reporting Act (FCRA) and applicable state law, as well as defending employers against discrimination and retaliation claims brought under Title VII of the Civil Rights Act of 1964.
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